Unconscionable Conduct in Commercial Transactions

Unconscionable Conduct in Commercial Transactions
Author: Garth Wooler
Publisher: Cambridge Scholars Publishing
Total Pages: 292
Release: 2018-11-02
Genre: Law
ISBN: 1527520900

This book looks at the historical use of allegations of unconscionable conduct within the context of independent trade finance instruments, such as letters of credit and demand guarantees. It makes a detailed survey of the law of unconscionable conduct, the complexities of the doctrine of independence, and the circumstances where the former prevails to provide relief from abuse. It also completes a wide–ranging, sequential audit of the relevant case law in both Singapore and Australia where unconscionable conduct was alleged in independent instrument matters. The audit examines every case along the lines of precedent and details the contribution each makes to the law. Focussing on the jurisdictions of Singapore, Australia, and Malaysia, the book lays out the case for the broad adoption of unconscionable conduct in this domain. With its premises founded in precedent and statute, it describes the elements of independent instrument unconscionability as already laid down in law and links it to international banking practice.

Vitiation of Contracts

Vitiation of Contracts
Author: Gareth Spark
Publisher: Cambridge University Press
Total Pages: 355
Release: 2013-01-03
Genre: Law
ISBN: 1139620452

Vitiation of Contracts proposes a new theory to explain the rationale of general vitiating factors in English contract law. It provides a clear link to voluntariness as the foundation of contractual liability and compares the English position, in light of this theory, with the Principles of International Commercial Contracts (PICC), the Principles of European Contract Law (PECL), the Draft Common Frame of Reference (DCFR) and the US Restatement (Second) of Contracts.

Letters of Credit and Demand Guarantees: Defences to Payment

Letters of Credit and Demand Guarantees: Defences to Payment
Author: Deborah Horowitz
Publisher: Oxford University Press
Total Pages: 273
Release: 2010-06-10
Genre: Business & Economics
ISBN: 0199588538

This book is the first to provide an extensive analysis of the range of defences to payment under letters of credit and demand guarantees. It considers the extent to which different defences undermine the abstraction of these instruments. This is a fundamental issue, since letters of credit and demand guarantees are designed to be abstract, or autonomous, from the underlying contract that called for their use. The purpose of that abstraction is to provide certainty of payment, but the various defences diminish that certainty. The book examines the spectrum of defences that are frequently litigated and debated in international practice: fraud in the documents, nullity, fraud affecting deferred payment letters of credit, fraud as no honest belief, unconscionable conduct and illegality. Vitally, the book provides analysis of the relevant judicial decisions and offers clear practical guidance on which defences are most suitable for each instrument. As the instruments are heavily used in international trade, this work is particularly suited to financial and commercial law practitioners who draft agreements, as well as those who advise on disputes concerning these instruments. Accessible and engaging, the book is also relevant for academics and students.

Unconscionable Bargains

Unconscionable Bargains
Author: Mindy Chen-Wishart
Publisher:
Total Pages: 3
Release: 2014
Genre:
ISBN:

The decision of the Court of Appeal in the unconscionable bargain case of Nicols v Jessup [1986] BCL 1573 helps to clarify the approach which New Zealand courts should take on unconscionability cases in light of the Privy Council decision in O'Connor v Hart [1985] 1 NZLR 159.

Steve Jobs

Steve Jobs
Author: Walter Isaacson
Publisher: Simon and Schuster
Total Pages: 656
Release: 2011
Genre: Biography & Autobiography
ISBN: 1451648545

Based on more than 40 interviews with Jobs conducted over two years--as well as interviews with more than 100 family members, friends, adversaries, competitors, and colleagues--Isaacson has written a riveting story of the roller-coaster life and searingly intense personality of a creative entrepreneur whose passion for perfection and ferocious drive revolutionized six industries: personal computers, animated movies, music, phones, tablet computing, and digital publishing.

The Oxford Handbook of Business Ethics

The Oxford Handbook of Business Ethics
Author: George G. Brenkert
Publisher: Oxford Handbooks Online
Total Pages: 747
Release: 2010
Genre: Business & Economics
ISBN: 019530795X

The Oxford Handbook of Business Ethics is a comprehensive treatment of business ethics from a philosophical approach. Each chapter is written by an accomplished philosopher who surveys a major ethical issue in business, offers his or her own contribution to the issues that define that topic, and provides a bibliography that identifies key works in the field.

Ordinary Men

Ordinary Men
Author: Christopher R. Browning
Publisher: Harper Collins
Total Pages: 308
Release: 2013-04-16
Genre: History
ISBN: 0062037757

The shocking account of how a unit of average middle-aged Germans became the cold-blooded murderers of tens of thousands of Jews.

From Goods to a Good Life

From Goods to a Good Life
Author: Madhavi Sunder
Publisher: Yale University Press
Total Pages: 274
Release: 2012-06-26
Genre: Law
ISBN: 030014671X

A law professor draws from social and cultural theory to defend her idea that that intellectual property law affects the ability of citizens to live a good life and prohibits people from making and sharing culture.